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Legal Updates & Insights

  • Article

    Recent EAT Case on Unfair Dismissals and Criminal Convictions

    A recent Employment Appeals Tribunal (EAT) case has thrown into the spotlight the options open to an employer when an employee receives a criminal conviction for misconduct outside the work place⃰. In this case, the EAT found the dismissal to be fair. However the factors taken into account by the EAT highlight that a "one size fits all approach" cannot be applied to such cases.

    Employment
  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front we look at the ESMA UCITS Q&A, the UCITS V Delegated Regulation on the obligations of depositaries, AML/ CTF and the Fourth Anti-Money Laundering Directive, an ESMA follow up peer review on compliance...

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: Irish Practice Developments

    On the Domestic Front, we look at Deadlines, UCITS V, Investor Money Regulations and Umbrella Cash Accounts, an address by Gareth Murphy, a Central Bank Regulatory Service Standards Performance Report and a Central Bank Markets Update.

    Asset Management & Investment Funds
  • Article

    High Court adopts broad interpretation of the definition of “environmental information” under the AIE Regulations

    The High Court has delivered judgment in the case of Minch v The Commissioner of Environmental Information (16 February 2016) concerning the scope of access to environmental information.

    Environmental & Planning
  • Article

    Enhanced powers of Minister of the Environment to prescribe planning policy

    The Department of the Environment's recent Design Standards for New Apartments prescribe mandatory minimum standards for all apartments in the State.

    Environmental & Planning
  • Article

    English and Irish Courts clear the way to use technology to reduce disclosure costs in litigation

    Disclosure of electronic documents in litigation has become increasingly costly and complex.

    Disputes
  • Article

    Supreme Court grants leave to appeal in Kelly v Information Commissioner

    The Supreme Court, in Kelly v The Information Commissioner [2016] IESCDET 23, has granted Mr Kelly leave to appeal from the decision of the Court of Appeal delivered on 30 November 2015, that that there is no statutory right of appeal against a discontinuance of a review by the Information Commissioner (IC).

    Disputes
  • Article

    EAT Decision Un-Locks Commission Payments

    The Employment Appeal Tribunal (EAT) has today released its eagerly anticipated decision in the appeal of the case of Lock v British Gas. The EAT has rejected the appeal of British Gas, and as such, have found that commission payments should be included in holiday pay.

    Employment
  • Article

    High Court Upholds Decision of Information Commissioner Refusing Release of Documents from the Department of Finance

    In McKillen v Information Commissioner [2016] IEHC 27 the High Court dismissed an appeal against a decision of the Information Commissioner (the IC). This is an interesting decision which considers the scope of an appeal against a decision of the IC and the use of FOI versus Discovery as a litigation tool.

    Disputes
  • Article

    Transfers of Value go public on 1 July 2016

    All Transfers of Value (ToV) from 2015 must be disclosed publicly via the Irish Pharmaceutical Healthcare Association (IPHA) central reporting system by 1 July 2016. This relates to all ToVs that were made by pharmaceutical companies to Healthcare Providers (HCPs) and Healthcare Organisations (HCOs) in connection with the development and sale of prescription only medicinal products for human use.

    Hospitals & Healthcare
  • Article

    Detailed Analysis of UCITS Remuneration Provisions

    On 23 July 2015 the European Securities and Markets Authority (ESMA) published a consultation paper in respect of its guidelines on sound remuneration policies under the UCITS Directive and AIFMD (the CP). This consultation closed in October 2015.

    Asset Management & Investment Funds
  • Article

    European Commission approves acquisition of Dundrum Town Centre Assets by Hammerson and Allianz

    While executives are very familiar with the concept of securing merger control approval for the acquisition of companies, there are situations where the acquisition of assets (such as property) may require prior approval by the competition agencies.

    EU, Competition & Procurement